Article

Some considerations on command responsibility and criminal liability

Jamie Allan Williamson

• International review of the Red Cross, Vol. 90, no. 870, June 2008, p. 303-317

English

Under international humanitarian law commanders have been entrusted with the task of ensuring respect for that body of law by their subordinates. This responsibility includes not only the training in IHL of those under their command, but also the taking of necessary measures to prevent or punish subordinates committing violations of IHL. Failure by a commander to do so will give rise to criminal liability, often termed superior responsibility. The following article reviews some of the issues arising from the application and development of this form of responsibility, from both a practical and a legal perspective.

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• International review of the Red Cross / ICRC
• International review of the Red Cross [Vol. 90, no. 870, June 2008] / ICRC